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CM/ECF User Manual

E-Filing of Documents Under Seal Pursuant to an Existing Protective Order

Overview

Pursuant to LR 3-7(b) (see also Standing Order 2012-6), Registered Users are required to file documents authorized for filing under seal pursuant to an existing protective order in a civil case electronically. Access to the document is selected by the filer during the docketing process. The requirement for a judge’s copy pursuant to LR 5-10 remains unchanged.

Filing a Document Pursuant to an Existing Protective Order

All events located in the Motions and Related Filings and Trial Documents menus have been modified to search the case for a docketed protective order.

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action

Click on Other Supporting Documents.

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Select the appropriate event from the list.  We will use Declaration for this example.

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Click on Declaration, which will move it to the Selected Events box.  Click Next to continue.

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NOTE:  CM/ECF allows multiple event to be selected on this screen.  Make sure that only the event you intended to select appears in the selected events window prior to clicking the Next button.

A screen will appear displaying the civil case number.  Click Next to continue.

 

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Choose a filer from the Select the Filer screen which lists all parties entered in the case.  Click on the filing party to highlight it.

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If there is more than one filer, press and hold the control key while clicking on each party you wish to add.  This will highlight multiple parties.  Click Next to continue.

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The next screen asks if the document to be filed contains material being filed under seal pursuant to the terms of a protective order.  If so, select the Yes radio button.

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NOTE:  If you select the No radio button, docketing will continue normally and your entry will not be restricted.

The next screen is the document attachment screen.

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REMINDER:  Pursuant to LR 5-2(b), all pleadings and documents, including attachments and exhibits, must be filed as text searchable PDF files unless otherwise directed by the Court.  

The main document should be the pleading itself.  In our example this is the Declaration.  Click on the Choose File button to locate the document for attachment.

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A new window will open.  Locate your sealed declaration or other document in the location where it has been saved.

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Prior to attachment, it is recommended that the PDF be reviewed to ensure it is accurate and is the correct attachment.  This can be done by right clicking on the PDF and selecting the Open option.  The PDF will open on your screen for review.   After confirming the PDF is correct, click the X in the upper right corner of the PDF to close it.

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Make sure the correct document is highlighted and then click the Open button to continue with document attachment.

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Attachments should also be uploaded at this time.  Click the Choose File button to locate and confirm your attachment as indicated above.

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Each attachment must be labeled with a Category from the drop-down menu or a Description in the free text field.  It is not necessary to enter both a Category and Description.

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Attachment(s) should be any exhibit(s) to the main document (in our case the Declaration.) 

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NOTEAttaching a PDF to the Attachment 1 option causes the Attachment 2 option to appear.  Repeat the attachment process as needed to attach all necessary documents.

When all documents have been added, click Next to continue.

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The next screen asks if your filing should link to another document in this case. If so, check the box and select next.

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The next screen asks you to select the category of the document related to your filing.  For our example, our Declaration is in Support of a motion, so we select motion from the picklist to narrow our choices.  Enter the name of the Declarant, and click the Next button.

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The next screen shows all possible related documents filed in the case in the category you selected.  Check the box of the appropriate related event, and click the Next button.

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The final warning screen will appear.   Note the addition of the Document Restricted According to Protective Order text indicating the PDF attached to the docket entry is restricted. 

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This is the last chance to insert further text into the display field or to make a selection from the drop-down menu.

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After any further text has been entered or if there is no additional text to enter, click the Next button.

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This is the final warning screen which displays the full docket text of the event.  Click Next to file the documents.  There will be no further opportunity to modify this docket entry and it will immediately post to the CM/ECF system.

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A Notice of Electronic Filing (NEF) will be generated by the CM/ECF system for the docket entry.  Refer to the Notice of Electronic Filing (NEF) section of the CM/ECF User Manual for more information about the Notice of Electronic Filing.

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Accessing Documents Restricted According to Protective Order

The restrictions applied to documents filed pursuant to an existing protective order are designed to limit access to those documents to case participants.  In order to access the document, the PACER service center must know that you are authorized to access the restricted documents.  When you receive an NEF that indicates the filing is restricted pursuant to an existing protective order, you should log in to CM/ECF for the District of Oregon with an attorney login that is associated with a case participant.  If you are not logged in to CM/ECF prior to clicking the hyperlink contained in the NEF for the restricted document, you will not be able to access your free copy, and will get a message indicating the document is not available.

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